the defense is saying this was a mistake. under the law, the state sometimes is not a defense to the element to the crime. >> there on kerry kennedy's dwi trial, thank you very much. we will be watching each and every day to see what happens. the fda giving stamp of approval to a drug five times more powerful than vicodin. experts say people will die when the drug is released. spike lee calls it the christopher clus bus syndrome. what was he talking about? you will hear his rant and reaction. do not miss this conversation. also ahead big changes to the frequent flyer program. delta saying miles will be based on how much you spend and not how far you fly. we'll be right back. u gave my h? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a lot. yo, buddy! i got this. gimme one, gimme one, gimme one! the power of the "name your price" tool. only from progressive. plays a k